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NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE N0. 21-0734-D
IN THE INTEREST 0F §
§
CARTER SCHOOLCRAFT §
.
§
A CHILD § 321 JUDICIAL DISTRICT
TEMPORARY ORDER FOLLOWING ADVERSARY HEARING
On April 15, 2021, a full Adversary Hearing pursuant to § 262.20 l , Texas Family Code, was held
in this cause.
I. Appearances
1.1. The Department of Family and Protective Services (“the Department”) appeared
through BRITTANY SHELTON, TRACIE CRUMPTON, AND
LASHUNDRA ELLIS, caseworker, and by attorney, JESSICA WORTHAM and
announced ready.
1.2. Respondent Mother, DESTINY CAMPBELL-MORRIS appeared in person and
through attorney of record JENNIFER DEEN and announced ready.
1.3. Respondent Presumed Father, BRAYDEN 'SCHOOLCR’AFT, father of the child
CARTER SCHOOLCR‘AFI‘ appeared in person and through attorney of record
AMY DAUGHTREY and announced ready.
1.4. KAREN BRETZKE, appointed by the Court as Attorney Ad Litem of the child
the subject of this suit, appeared and announced ready.
1.5. Also Appearing
2. Jurisdiction
The Court, after examining the record and hearing the evidence and argument of counsel,
nds that all necessary prerequisites of the law have been satised and that this Court has
jurisdiction ofthis case and of allthe parties.
Temporaly Orders 21-07340 I 321
Paset SMITH County
Indian Child Welfare Act
The Court has inquired whether the child's family has Native American heritage and
identied any Native American Tribe with which the child may be associated.
Findings
4.1. Having examined and reviewed the Department's pleadings and the sworn afdavit
accompanying the petition and based upon the facts contained therein and the
evidence presented to this Court at the hearing conducted on this date, the Court nds
there is sufcient evidence to satisfy a person of ordinary prudence and caution that:
(1) there was a danger to the physical health or safety of the child which was caused
by an act or failure to act of the person entitled to possession. The Court further nds
that it is contrary to the welfare ofthe child, CARTER SCHOOLCRAFT to remain
in the home of DESTINY CAMPBELL-MORRIS or of BRAYDEN
SCHOOLCRAFT, and; (2) the urgent need for protection required the immediate
removal of CARTER SCHOOLCRAFT and reasonable efforts consistent with the
circumstances and providing for the safety of CARTERSCHOOLCRAFT, were
made to eliminate or prevent the removal of CARTER SCHOOLCRAFI‘; and (3)
reasonable efforts have been made to enable CARTER SCHOOLCRAFT to return
home of DESTINY CAMPBELL-MORRIS or of BRAYDEN
SCHOOLCRAFT, but there is a substantial risk ofa continuing danger if CARTER
SCHOOLCRAFT1s returned home of DESTINY CAMPBELL-MORRIS or of
BRAYDEN SCHOOLCRAFT.
'
4.2. Findings for Appointment of Managing and Possessory Censervator
4.2.1. The Court nds that appointment of the parent or parents as managing
conservator of the child is not in the best interest of the child because the
appointment would signicantly impair the child's physical health or
emotional development.
4.2.2. The Court nds that it is in the best interest of child to limit the rights and
duties of DESTINY CAMPBELL-MORRIS appointed as possessory
conservator.
4.2.3. The Court nds that it isin the best interest of child to limit the rights and
duties of BRAYDEN SCHOOLCRAFT appointed as possessory
conservator.
4.3. The Court nds that the placement of the child with the child’s noncustodial parent,
with a relative of the child, or with another designated caregiver is inappropriate and
not in the best interest ofthe child.
4.3. l. If the child has not been placed with a relative or other designated caregiver,
the Court nds that the Department has provided the reasons for not placing
the child and the actions, if any, to be taken to place the child.
Temporary Orders 21-07340 I 321
Page 2 SMITH County
4.4. The Court nds that the following orders for the safety and welfare ofthe child are in
the best interest ofthe child.
5. Appointment of Counsel for Parents or Parties
5.1. The Court nds that DESTINY CAMPBELL-MORRIS is a parent who has
responded in Opposition to the suit affecting the parent—child relationship; that
DESTINY CAMPBELL-MORRIS is indigent; and that appointment of an
attorney ad [item for this parent is required by § 107.013, Texas Family Code. The
Court therefore appoints JENNIFER DEEN as attorney ad litem to represent the
interests of this parent.
5.2. The Court nds that BRAYDEN SCHOOLCRAFT is a parent who has responded
in opposition to the suit affecting the parent-child relationship; that BRAYDEN
SCHOOLCRAFT is indigent; and that appointment of an attorney ad [item for this
parent is required by § 107.013, Texas Family Code. The Court therefore appoints
AMY DAUGHTREY as attorney ad [item to represent the interests of this parent.
6. Conservatorship
6.1. IT IS ORDERED that the Department of Family and Protective Services is appointed
Temporary Managing Conservator of the following child:
Name: CARTER SCHOOLCRAFT
Sex: Male
Birthplace: Unknown
Birth Date: September 11, 2020
Indian: Child Status: Reported as an Indian child by a parent or other person
6.2. In accordance with §262.l 16, Texas Family Code, the Court nds that the
Department of Family and Protective Services did not take. possession of the child
under this subchapter based on evidence that the Parents:
6.2. l. homeschooled the child;
6.2.2. is economically disadvantaged;
6.2.3. has been charged with a nonviolent misdemeanor other than:
6.2.3.1 .an offense under Title 5, Penal Code;
6.2.3.2.an offense under Title 6, Penal Code; or
6.2.3.3.an offense that .involves family violence, as dened by Section
71.004 ofthis code;
6.2.4. provided or administered low-THC cannabis to a child for whom the low-
TI-lC cannabis was prescribed under Chapter 169, Occupations Code; or
Temporary Orders 214173401321
Page 3 SMITH County
6.2.5. declined immunization for the child for reasons of conscience, including a
religious belief.
6.3. IT IS ORDERED that the Temporary Managing Conservator shall have all the rights
and duties set forth in § 153.371, Texas Family Code.
6.3.1. IT IS ORDERED that, in addition to the rights and duties listed in
§ 153.371, Texas Family Code, the Department is authorized to consent to
medical care for the subject child,_ pursuant to §266.004, Texas Family
Code.
6.4. IT IS THEREFORE ORDERED that DESTINY CAMPBELL-MORRIS is
appointed Temporary Possessory Conservator of the child, CARTER
SCHOOLCRAFT, with the limited rights and duties set'forth in Attachment A.
6.5. IT IS THEREFORE ORDERED that BRAYDEN SCHOOLCRAFI‘ is appointed
Temporary Possessory Conservator of the child, CARTER SCHOOLCRAFT, with
the limited rights and duties set forth in Attachment A.
7. Possession and Access
7.1. The Court nds that the application of the guidelines for possession of and access
to the child, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in
the child’s best interest. IT IS ORDERED that DESTINY CAMPBELL-
MORRIS shall have limited access to and possession of the child as set forth in
Attachment A, which includes orders relating to the Temporary Visitation
Schedule.
7.2. The Court nds that the application of the guidelines for possession of and access
to the child, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in
the child’s best interest. IT IS ORDERED that BRAYDEN SCHOOLCRAFT
shall have limited access to and possession of the child as set forth in Attachment
A, which includes orders relating to the Temporary Visitation Schedule.
8. Child Support
Any child support order, excluding any arrearage order, as to the child the subject of this
suit, entered into prior to the appointment of the Department as Temporary Managing
Conservator ofthe child, shall be suspended during the pendency ofthis suit. Child support
payable to the Department ishereby ORDERED in accordance with the terms ofthis Order
for Child Support as follows:
8.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall provide child
support for the child as set forth in Attachment B.
8.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall provide child support
for the child as set forth in Attachment B.
Temporary Orders 21-0734-D I 321
Page 4 SMITH County
9. Medical-Support
The child is not covered by private health insurance, but is receiving medical assistance
under Chapter 32 of the Human Resources Code.
10. Release of'Medical and Mental Health Records
10.1. IT IS ORDERED that Respondents DESTINY CAMPBELL-MORRIS and
BRAYDEN SCHOOLCRAFT execute an authorization for the release ofmedical
and mental health records to the Department, and provide the Department with a
list of the names and addresses of the physicians and mental health providers wh'o
have treated the Respondents. TheRespondents shall execute the authorization and
deliver it,together with the list of physicians and mental health providers, to the
Department within 15 days of the date of this hearing.
10.2. The Court nds that a_ health care professional has been consulted regarding a
health care service, procedure, or treatment for CARTER SCHOOLCRAFT. The
Court accepts the recommendation of the health careprofessiOnal
11. Required Home Study] Social Study
11.1. The Court nds that Respondent Mother, DESTINY CAMPBELL-MORRIS, has
not submitted the Child Placement Resources Form required under § 261.307, Texas
Family Code. .
11.2. The Court finds that Respondent Father, BRAYDEN SCHOOLCRAFT, has not
submitted the Child' Placement Resources Form required under §261.307, Texas
Family Code.
11.3. The Court nds that CARTER SCHOOLCRAFT is not currently placed with 'a
relative or other designated caregiver. The Court nds that the Department
does/does not have the option of placing the child with a relative of other
designated caregiver.
11.4. The Court nds that the Department has not asked CARTER SCHOOLCRAFT,
in a developmentally appropriate manner, to identify any adult, particularly an adult-
residing in the child’s community, who could be a relative caregiver or designated
caregiver for the child. Child istoo young to articulate preference.
11.5. The Court has inquired of all parties present whether CARTER SCHOOLCRAFT
has had the opportunity, in a developmentally appropriate manner, to identify any
adult, particularly an adult residing in the child’s community, who could be a
relative or designated caregiver for the child and for each individual identied by
the .child as potential relative or designated caregiver, whether that individual is
listed on the proposed child placement resources form.
11.6. IT IS ORDERED that each Parent, Alleged Father or Relative of the subject child
before the Court complete the Child Placement Resources Form provided under §
Temporary Orders
21-07340 I321
Pag e 5 SMITH County
261 .307, and le the completed Form with the Court ifthe form has not previously
led. IT IS FURTHER ORDERED that each Parent, Alleged Fathef or Relative
provide the Department with a copy of the completed Form and the full name and
current address or whereabouts and phone number of any absent parent, alleged
father or relative of the subject child, pursuant to § 262.201, Texas Family Code.
11.7‘. IT IS ORDERED that the Department shall conduct a home/social study on
designated relatives and ctive kinship caregivers, ifpreliminary criminal and CPS
background checks of all members of the household age l4 and up are favorable.
12. Finding and Notice
THE COURT FINDS AND HEREBY NOTIFIES THE PARENTS THAT EACH 0F
THE ACTIONS REQUIRED 0F THEM BELOW ARE NECESSARY TO OBTAIN
THE RETURN OF THE CHILD, AND FAILURE TO‘ FULLY CONIPLY WITH
THESE ORDERS MAY RESULT IN THE RESTRICTION OR TERMINATION
OF PARENTAL RIGHTS.
l3. Psychological orPsychiatric Evaluation:
13.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall submit to and
cooperate fully in the preparation of a court-ordered psycho-social, psychological or
psychiatric evaluation. Respondent is hereby notied that any communications made
with a counselor, therapist, psychiatrist, or psychologist are not condential.
13.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall submitto and cooperate
'fully in the preparation of a court-ordered psycho-social, psychological or psychiatric
evaluation. Respondent is hereby notied that any communications made with a
counselor, therapist, psychiatrist, or psychologist are not condential.
l4. Counseling
14.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall attend and
cooperate fully in counseling sessions to address the specic issues that led to the
removal of the child from the home and to address any additional issues arising from
the psychological examinations or from the counseling sessions. Said counseling
sessions shall continue until the counselor determines that no further sessions are
necessary or untilfurther order ofthis Court.
14.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall attend and cooperate
fully in counseling sessions to address the specic issues that led to the removal ofthe
child from the home and to address~ any additional issues arising from the
psychological examinations or from the counseling sessions. Said counseling sessions
shall continue until the counselor determines that no further sessions are necessary or
until further order of this Court.
Temporary Orders 21073401321
Page6 SMITH County
15. Parenting Classes
15.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall attend, participate
in and successfully complete parenting'classes and shall submit to thc Department or
le with Court a certicate of completion
15.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall attend, participate in
and successfully complete parenting classes and shall submit to the Department or le
with Court a certicate of completion
16. Drug and Alcohol Assessments and Testing
16.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall submit to and
cooperate fully in th‘e preparation of the court-ordered drug and alcohol dependency
assessment should she have a positive UA or hair follicle'test.
16.1.1. DESTINY CAMPBELL-MORRIS isFURTHER" ORDERED to remain
drug and alcohol free during the pendency of the case. Any failure to
submit to drug‘ testing will be deemed a positive result.
16.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall submit to and cooperate
fullym the preparation ofthe court-Oldered drug and alcohol dependency assessment
should he have a positive UA or hair follicle test.
16.2.1. BRAYDEN SCHOOLCRAFT isFURTHER ORDERED to remain drug
and alcohol free during the pendency ofthe case. Any failure to submit to
drug testing will be deemed apositive result."
_l7. Compliance with Service Plan
17-.1. DESTINY CAMPBELL-MORRIS is ORDERED, pursuant to §263.106 Texas
Family Code, to comply with each requirement set out in the Department's original,
or any amended, service plan during the pendency of this suit. ‘
17.2. BRAYDEN SCHOOLCRAFT is ORDERED, pursuant'to § 263.106 Texas Family
Code, to comply with each requirement set out in the Department’s original, 0r any
amended, service plan during the pendency ofthis suit.
17.3. The court nds that this order, as supplemented by the service plan to be approved
at the Status Hearing under Texas Family Code §263.201, sufciently denes the
rights and duties of the parents of the child pursuant to Texas Family Code §
153.602 and satises the requirements ofa parenting plan. To the extent there is
evidence demonstrating that the child hasbeen exposed to harmJl parental conict,
the court orders that the Department address this issue in the Family Plan ofService.
Temporary Orders 21-0734—D I 321
Page 7 SMITH County
18. Required Information
18.1. IT IS ORDERED that each Respondent to this cause provide to the Department and
the Court, no later than thirty days from the date of this hearing, the information
detailed below.
18.2. IT IS ORDERED that each Parent furnish information sufcient to accurately
identify that parent’s net resources and ability to pay child support along with
copies of income tax returns for the past two years, any nancial statements, bank
statements, and current pay stubs, pursuant to § 154.063, Texas FamilyCode.
18.3. IT IS ORDERED that each Respondent provide the Department and the Court
information sufcient to establish the parentage and immigration status ofthe child,
including but not limited to marriage records, birth or death certicates, baptismal
records, social security cards, records of lawful permanent residence (“green cards”),
naturalization certicates, and any records from the United States Citizenship and
Immigration Services, and records of Indian Ancestry or Tribal Membership.
18.4. IT IS ORDERED that each Respondent provide the Department with any
information regarding whether the child or the child's family has Native American
heritage and identify any Native American Tribe with which the child may be
associated and provide all available family history information relevant to
determination of Indian child status on request.
18.5. IT IS ORDERED that each Respondent furnish to the Department all information
necessary to ensure the Department has an adequate medical history for the child,
including but not limited to the immunization records for the child and the names and
addresses of all physicians who have treated the child.
18.6. IT IS ORDERED that each Respondent provide the Department information
regarding the medical history of the parent and parent’s ancestors on the medical
history report form, pursuant to § 161.2021, Texas Family Code.
18.7. IT =IS ORDERED that each Respondent to this cause provide to the Department
and the Courta current residence address and telephone number at which each can
be contacted.
18.8. IT IS ORDERED that each Respondent to this cause notify the Department and
the Court of any change in his or her residence address or telephone number within
ve (5) days of a change of address or telephone number.
l9. Duty To Provide Information
19.1. IT IS ORDERED pursuant to § 153.076(a), Texas Family Code that each
conservator of a child has a duty to inform the other conservator of the child in a
timely manner of signicant information concerning the health, education, and
welfare ofthe child.
Temporary Orders 21-0734-D I 321
Pages SMITH County
19.2. IT IS ORDERED pursuant to § 153.076(b), Texas Family Code, that each
conservator of the child has the duty to inform the other conservator if the
conservator resides with for at least 3O days, marries, or intends to marry a person
who the conservator knows:
19.2.1. is registered as a sex offender under Chapter 62, Code of Criminal
Procedure; or
19.2.2. iscurrently charged with an offense for which on conviction the person
would be required to register under that chapter.
19.3. The notice required to be made under § 153.076(b), Texas Family Code, must be
made as soon as practicable but not later than the 40th day after the date the
conservator of the child begins to reside with the person or the 10‘“ day after the
date the marriage occurs, as appropriate. The notice must include a description of
the offense that is the basis ofthe person’s requirement to register as a sex offender
or ofthe offense with which the person is charged.
19.4. IT IS ORDERED pursuant to §153.076(b-l), Texas Family Code, that each
conservator of CARTER SCHOOLCRAFT has the duty to inform the other
conservator of the. child if the conservator:
19.4.1. Establishes a residence with a person who the conservator knows is the
subject of a nal protective order sought by an individual other than the
conservator that is in effect on the- date the residence with the person is
established, pursuant to §153.076(b-l)(1), Texas Family Code; or
19.4.2. Resides with, or allows unsupervised access to a child by, a person who is
the subject of.a nal protective order sought by the conservator after the
expiration of the 60 day period following the date the nal protective order
is issued, pursuant to §153.076(b-1')(2), Texas Family Code; or
19.4.3. Is the subject of a nal protective order issued after the date of the order
establishing conservatorship, pursuant to §1-53.076(b-1)(3), Texas Family
Code.
19.5. The notice required to be made under §153.076(b-1), Texas Family Code, must be
made assoon as practicable but not later than:
19.5.1. The 30th day after the date the conservator establishes residence with the
person who is the subject of the nal protective order, if notice is required
by §153.076(b-1)(l), Texas Family Code; or
19.5.2. The 90‘“ day after the date the final protective order was issued, if notice is
required by §153.076(b-1)(2),=Texas Family Code; or
19. 5. 3. The 30m day after the date the nal protective order was issued, if is
notice
required by §153. 076(b- l)(3), Texas Family Code.
Temporary Orders 21-0734-01321
Page 9 SMITH County
19.6. A CONSERVATOR COMMITs AN OFFENSE 1F THE CONSERVATOR
FAILS To PROVIDE NOTICE IN THE MANNER REQUIRED BY
SUBSECTIONS (b) AND (c), OR SUBSECTIONS (b—I) AND (c—I), As
APPLICABLE, OF § 153.076, Texas Family Code. AN OFFENSE UNDER
THIS SUBSECTION (d) 1s A CLASS C MISDEMEANOR.
19.7. "YOU HAVE THE RIGHT UNDER §262.102(d), TEXAS FAMILY CODE,
T0 BE REPRESENTED BY AN ATTORNEY. ,IF YOU ARE INDIGENT
AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT
T0 REQUEST THE APPOINTMENT 0F AN ATTORNEY BY
CONTACTING THE COURT AT 321 JUDICIAL DISTRICT COURT OF
SMITH COUNTY, 100 N. BROADWAY AVE, TYLER, TEXAS 75702, (903)
590-1601. IF YOU APPEAR IN OPPOSITION TO THE SUIT, CLAIM
INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY,
THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF
INDIGENCE AND THE COURT MAY HEAR EVIDENCE TO
DETERMINE IF YOU ARE INDIGENT. IF THE COURT DETERMINES
YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF AN
ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY T0
REPRESENT YOU."
20. Notice of Status Hearing
IT IS ORDERED that this cause is set for a Status Hearing, pursuant to § 263 .201
Texas Family Code, on June 3, 2021 at 09. 00 a. m. in the- 321 Judicial District Court of
SMITH Countym TYLER, Texas.
21. All said Temporary Orders shall continue in force during the pendency of this suit or until
furthei of the Court.
SIGNED this 3)
orde
day of
éhm ,2021
JUDGE PRESIDING
Temporary Orders 21-07344) I 321
Page 10 SMITH County
ATTACHMENT A - TEMPORARY VISITATION
22. Rights and Duties of Temporary Possessory C0nservators
22.1. Each Temporary Possessory Consgrvator appointed in this Order shall have the
following rights:-
22.1 . 1.the right to receive information concerning the health, education, and welfare
of the child;
221.1.2. the right to access to medical, dental, psychological, and educational records
ofthe child;
'
22.1 .3. the right to-consult with a physician, dentist, or psychologist ofthe child;
22.1.4. the right to‘consult-with school ofcials concerning the child’s welfare and
educational status, including school activities;
22.1 .5. the right, during times of unsupervised possession, to consent for the child to
medical, dental, and surgical treatment during an emergency involving
immediate danger to the health and safety of the child; and
22.1.6. the right, during times ofpossession, to direct the moral and religious training
of the child.
22.2. Each Temporary Possessory Conservator appointed in this Order shall have the
'
following duties:
22.2.1. the duty, during periods of possession of the child which are not supervised
by the Department or its designee, of care, control, protection, and reasonable
discipline. ofthe child; and
22.2.2. the duty to support the child, including providing the child with clothing, food,
and shelter during periods ofpossession of the child which are not supervised
by the Department or its designee.
23. Possession of and Access to- the children
IT IS ORDERED that each Temporary Possessory Conservator appointed in this Order
may have supervised visitation with their respective child(ren), under the terms and
conditions agreed to in advanceby the parties, subject to forty-eight (48) hours notication
to the Department by the Temporary Possessory Conservator of intent to exercise the
visitation. The Department" or its designee shall supervise any period of supervised
visitation with the child(ren). -
23.1. Periods of visitation shall be a minimum of one hour weekly or two hours bi-
weekly, unless otherwise set by the Court; the parents shall receive a visitation as
Temporary Orders: Attachment 21 0734-0 I 321
Page1 SMITH County
set forth in the Visitation Schedule that has been led with the Court and
incorporated herein 'by reference.
23.2. A Temporary Possessory Conservator entitled to visitation shall notify the
Department of his or her inability to attend a scheduled visit twenty-four (24) hours
in advance of the visitation; if the inability to attend a scheduled visit involves an
emergency, notice shall be provided to the Department as soon as reasonably
practical.
23.3. The Department shall personally notify each Temporary Possessory Conservator of
any change in the visitation schedule that arises as soon as reasonably practical; any
resulting missed visitation shall be made up as soon as possible.
23.4. The parents shall be._permitted to bring friends or family members to share their
periods of visitation,'ifsuch individuals are approved by the Department to attend
a visit in advance.
23.5. Each Possessory Conservator and/or family member/friend who has been approved
to accompany a Possessory Conservator for a visit shall not-be permitted to discuss
the case, the child(ren)’s placement arrangements and/or the permanency of the
child(ren) with the child(ren) or within the hearing range of any child during a
period of visitation.
Any proposed change in the visitation terms set forth shall be presented to the Court via an
amended visitation schedule.
Temporary Orders: Attachment 21-0734-D I 321
Page 2 SMITH County
ATTACHMENT B
Child Support
24. Child Support Obligation: DESTINY CAMPBELL-MORRIS
24.1. The Court finds that DESTINY CAMPBELL-MORRIS isobligated to support
CARTER SCHOOLCRAFT, a child the subject ofthis suit, pursuant to §154.001,
Texas Family Code.
24.2. Monthly Payments
24.2.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS is obligated to
pay and shall pay child support to the Department of $1 99.41 per month for
the support of CARTER SCHOOLCRAFT, with the rst payment being
due and payable on the 15‘ day of July, 2021 and a like payment being'due
and payable on the day
1-5‘ of each month thereafter until the rst month
following the date of the earliest occurrence of o'ne of the events specied
below:
24.2.1.1. the child reaches the age of eighteen years, provided that, if the
child is fully enrolled in an accredited secondary school in a
Preview
_ F: LED P: Nr‘ng m «.nmmN JL. r" r- . L‘- _ NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE N0. 21-0734-D IN THE INTEREST 0F § § CARTER SCHOOLCRAFT § . § A CHILD § 321 JUDICIAL DISTRICT TEMPORARY ORDER FOLLOWING ADVERSARY HEARING On April 15, 2021, a full Adversary Hearing pursuant to § 262.20 l , Texas Family Code, was held in this cause. I. Appearances 1.1. The Department of Family and Protective Services (“the Department”) appeared through BRITTANY SHELTON, TRACIE CRUMPTON, AND LASHUNDRA ELLIS, caseworker, and by attorney, JESSICA WORTHAM and announced ready. 1.2. Respondent Mother, DESTINY CAMPBELL-MORRIS appeared in person and through attorney of record JENNIFER DEEN and announced ready. 1.3. Respondent Presumed Father, BRAYDEN 'SCHOOLCR’AFT, father of the child CARTER SCHOOLCR‘AFI‘ appeared in person and through attorney of record AMY DAUGHTREY and announced ready. 1.4. KAREN BRETZKE, appointed by the Court as Attorney Ad Litem of the child the subject of this suit, appeared and announced ready. 1.5. Also Appearing 2. Jurisdiction The Court, after examining the record and hearing the evidence and argument of counsel, nds that all necessary prerequisites of the law have been satised and that this Court has jurisdiction ofthis case and of allthe parties. Temporaly Orders 21-07340 I 321 Paset SMITH County Indian Child Welfare Act The Court has inquired whether the child's family has Native American heritage and identied any Native American Tribe with which the child may be associated. Findings 4.1. Having examined and reviewed the Department's pleadings and the sworn afdavit accompanying the petition and based upon the facts contained therein and the evidence presented to this Court at the hearing conducted on this date, the Court nds there is sufcient evidence to satisfy a person of ordinary prudence and caution that: (1) there was a danger to the physical health or safety of the child which was caused by an act or failure to act of the person entitled to possession. The Court further nds that it is contrary to the welfare ofthe child, CARTER SCHOOLCRAFT to remain in the home of DESTINY CAMPBELL-MORRIS or of BRAYDEN SCHOOLCRAFT, and; (2) the urgent need for protection required the immediate removal of CARTER SCHOOLCRAFT and reasonable efforts consistent with the circumstances and providing for the safety of CARTERSCHOOLCRAFT, were made to eliminate or prevent the removal of CARTER SCHOOLCRAFI‘; and (3) reasonable efforts have been made to enable CARTER SCHOOLCRAFT to return home of DESTINY CAMPBELL-MORRIS or of BRAYDEN SCHOOLCRAFT, but there is a substantial risk ofa continuing danger if CARTER SCHOOLCRAFT1s returned home of DESTINY CAMPBELL-MORRIS or of BRAYDEN SCHOOLCRAFT. ' 4.2. Findings for Appointment of Managing and Possessory Censervator 4.2.1. The Court nds that appointment of the parent or parents as managing conservator of the child is not in the best interest of the child because the appointment would signicantly impair the child's physical health or emotional development. 4.2.2. The Court nds that it is in the best interest of child to limit the rights and duties of DESTINY CAMPBELL-MORRIS appointed as possessory conservator. 4.2.3. The Court nds that it isin the best interest of child to limit the rights and duties of BRAYDEN SCHOOLCRAFT appointed as possessory conservator. 4.3. The Court nds that the placement of the child with the child’s noncustodial parent, with a relative of the child, or with another designated caregiver is inappropriate and not in the best interest ofthe child. 4.3. l. If the child has not been placed with a relative or other designated caregiver, the Court nds that the Department has provided the reasons for not placing the child and the actions, if any, to be taken to place the child. Temporary Orders 21-07340 I 321 Page 2 SMITH County 4.4. The Court nds that the following orders for the safety and welfare ofthe child are in the best interest ofthe child. 5. Appointment of Counsel for Parents or Parties 5.1. The Court nds that DESTINY CAMPBELL-MORRIS is a parent who has responded in Opposition to the suit affecting the parent—child relationship; that DESTINY CAMPBELL-MORRIS is indigent; and that appointment of an attorney ad [item for this parent is required by § 107.013, Texas Family Code. The Court therefore appoints JENNIFER DEEN as attorney ad litem to represent the interests of this parent. 5.2. The Court nds that BRAYDEN SCHOOLCRAFT is a parent who has responded in opposition to the suit affecting the parent-child relationship; that BRAYDEN SCHOOLCRAFT is indigent; and that appointment of an attorney ad [item for this parent is required by § 107.013, Texas Family Code. The Court therefore appoints AMY DAUGHTREY as attorney ad [item to represent the interests of this parent. 6. Conservatorship 6.1. IT IS ORDERED that the Department of Family and Protective Services is appointed Temporary Managing Conservator of the following child: Name: CARTER SCHOOLCRAFT Sex: Male Birthplace: Unknown Birth Date: September 11, 2020 Indian: Child Status: Reported as an Indian child by a parent or other person 6.2. In accordance with §262.l 16, Texas Family Code, the Court nds that the Department of Family and Protective Services did not take. possession of the child under this subchapter based on evidence that the Parents: 6.2. l. homeschooled the child; 6.2.2. is economically disadvantaged; 6.2.3. has been charged with a nonviolent misdemeanor other than: 6.2.3.1 .an offense under Title 5, Penal Code; 6.2.3.2.an offense under Title 6, Penal Code; or 6.2.3.3.an offense that .involves family violence, as dened by Section 71.004 ofthis code; 6.2.4. provided or administered low-THC cannabis to a child for whom the low- TI-lC cannabis was prescribed under Chapter 169, Occupations Code; or Temporary Orders 214173401321 Page 3 SMITH County 6.2.5. declined immunization for the child for reasons of conscience, including a religious belief. 6.3. IT IS ORDERED that the Temporary Managing Conservator shall have all the rights and duties set forth in § 153.371, Texas Family Code. 6.3.1. IT IS ORDERED that, in addition to the rights and duties listed in § 153.371, Texas Family Code, the Department is authorized to consent to medical care for the subject child,_ pursuant to §266.004, Texas Family Code. 6.4. IT IS THEREFORE ORDERED that DESTINY CAMPBELL-MORRIS is appointed Temporary Possessory Conservator of the child, CARTER SCHOOLCRAFT, with the limited rights and duties set'forth in Attachment A. 6.5. IT IS THEREFORE ORDERED that BRAYDEN SCHOOLCRAFI‘ is appointed Temporary Possessory Conservator of the child, CARTER SCHOOLCRAFT, with the limited rights and duties set forth in Attachment A. 7. Possession and Access 7.1. The Court nds that the application of the guidelines for possession of and access to the child, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in the child’s best interest. IT IS ORDERED that DESTINY CAMPBELL- MORRIS shall have limited access to and possession of the child as set forth in Attachment A, which includes orders relating to the Temporary Visitation Schedule. 7.2. The Court nds that the application of the guidelines for possession of and access to the child, as set out in Subchapter F, Chapter 153, Texas Family Code, is not in the child’s best interest. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall have limited access to and possession of the child as set forth in Attachment A, which includes orders relating to the Temporary Visitation Schedule. 8. Child Support Any child support order, excluding any arrearage order, as to the child the subject of this suit, entered into prior to the appointment of the Department as Temporary Managing Conservator ofthe child, shall be suspended during the pendency ofthis suit. Child support payable to the Department ishereby ORDERED in accordance with the terms ofthis Order for Child Support as follows: 8.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall provide child support for the child as set forth in Attachment B. 8.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall provide child support for the child as set forth in Attachment B. Temporary Orders 21-0734-D I 321 Page 4 SMITH County 9. Medical-Support The child is not covered by private health insurance, but is receiving medical assistance under Chapter 32 of the Human Resources Code. 10. Release of'Medical and Mental Health Records 10.1. IT IS ORDERED that Respondents DESTINY CAMPBELL-MORRIS and BRAYDEN SCHOOLCRAFT execute an authorization for the release ofmedical and mental health records to the Department, and provide the Department with a list of the names and addresses of the physicians and mental health providers wh'o have treated the Respondents. TheRespondents shall execute the authorization and deliver it,together with the list of physicians and mental health providers, to the Department within 15 days of the date of this hearing. 10.2. The Court nds that a_ health care professional has been consulted regarding a health care service, procedure, or treatment for CARTER SCHOOLCRAFT. The Court accepts the recommendation of the health careprofessiOnal 11. Required Home Study] Social Study 11.1. The Court nds that Respondent Mother, DESTINY CAMPBELL-MORRIS, has not submitted the Child Placement Resources Form required under § 261.307, Texas Family Code. . 11.2. The Court finds that Respondent Father, BRAYDEN SCHOOLCRAFT, has not submitted the Child' Placement Resources Form required under §261.307, Texas Family Code. 11.3. The Court nds that CARTER SCHOOLCRAFT is not currently placed with 'a relative or other designated caregiver. The Court nds that the Department does/does not have the option of placing the child with a relative of other designated caregiver. 11.4. The Court nds that the Department has not asked CARTER SCHOOLCRAFT, in a developmentally appropriate manner, to identify any adult, particularly an adult- residing in the child’s community, who could be a relative caregiver or designated caregiver for the child. Child istoo young to articulate preference. 11.5. The Court has inquired of all parties present whether CARTER SCHOOLCRAFT has had the opportunity, in a developmentally appropriate manner, to identify any adult, particularly an adult residing in the child’s community, who could be a relative or designated caregiver for the child and for each individual identied by the .child as potential relative or designated caregiver, whether that individual is listed on the proposed child placement resources form. 11.6. IT IS ORDERED that each Parent, Alleged Father or Relative of the subject child before the Court complete the Child Placement Resources Form provided under § Temporary Orders 21-07340 I321 Pag e 5 SMITH County 261 .307, and le the completed Form with the Court ifthe form has not previously led. IT IS FURTHER ORDERED that each Parent, Alleged Fathef or Relative provide the Department with a copy of the completed Form and the full name and current address or whereabouts and phone number of any absent parent, alleged father or relative of the subject child, pursuant to § 262.201, Texas Family Code. 11.7‘. IT IS ORDERED that the Department shall conduct a home/social study on designated relatives and ctive kinship caregivers, ifpreliminary criminal and CPS background checks of all members of the household age l4 and up are favorable. 12. Finding and Notice THE COURT FINDS AND HEREBY NOTIFIES THE PARENTS THAT EACH 0F THE ACTIONS REQUIRED 0F THEM BELOW ARE NECESSARY TO OBTAIN THE RETURN OF THE CHILD, AND FAILURE TO‘ FULLY CONIPLY WITH THESE ORDERS MAY RESULT IN THE RESTRICTION OR TERMINATION OF PARENTAL RIGHTS. l3. Psychological orPsychiatric Evaluation: 13.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall submit to and cooperate fully in the preparation of a court-ordered psycho-social, psychological or psychiatric evaluation. Respondent is hereby notied that any communications made with a counselor, therapist, psychiatrist, or psychologist are not condential. 13.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall submitto and cooperate 'fully in the preparation of a court-ordered psycho-social, psychological or psychiatric evaluation. Respondent is hereby notied that any communications made with a counselor, therapist, psychiatrist, or psychologist are not condential. l4. Counseling 14.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall attend and cooperate fully in counseling sessions to address the specic issues that led to the removal of the child from the home and to address any additional issues arising from the psychological examinations or from the counseling sessions. Said counseling sessions shall continue until the counselor determines that no further sessions are necessary or untilfurther order ofthis Court. 14.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall attend and cooperate fully in counseling sessions to address the specic issues that led to the removal ofthe child from the home and to address~ any additional issues arising from the psychological examinations or from the counseling sessions. Said counseling sessions shall continue until the counselor determines that no further sessions are necessary or until further order of this Court. Temporary Orders 21073401321 Page6 SMITH County 15. Parenting Classes 15.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall attend, participate in and successfully complete parenting'classes and shall submit to thc Department or le with Court a certicate of completion 15.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall attend, participate in and successfully complete parenting classes and shall submit to the Department or le with Court a certicate of completion 16. Drug and Alcohol Assessments and Testing 16.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS shall submit to and cooperate fully in th‘e preparation of the court-ordered drug and alcohol dependency assessment should she have a positive UA or hair follicle'test. 16.1.1. DESTINY CAMPBELL-MORRIS isFURTHER" ORDERED to remain drug and alcohol free during the pendency of the case. Any failure to submit to drug‘ testing will be deemed a positive result. 16.2. IT IS ORDERED that BRAYDEN SCHOOLCRAFT shall submit to and cooperate fullym the preparation ofthe court-Oldered drug and alcohol dependency assessment should he have a positive UA or hair follicle test. 16.2.1. BRAYDEN SCHOOLCRAFT isFURTHER ORDERED to remain drug and alcohol free during the pendency ofthe case. Any failure to submit to drug testing will be deemed apositive result." _l7. Compliance with Service Plan 17-.1. DESTINY CAMPBELL-MORRIS is ORDERED, pursuant to §263.106 Texas Family Code, to comply with each requirement set out in the Department's original, or any amended, service plan during the pendency of this suit. ‘ 17.2. BRAYDEN SCHOOLCRAFT is ORDERED, pursuant'to § 263.106 Texas Family Code, to comply with each requirement set out in the Department’s original, 0r any amended, service plan during the pendency ofthis suit. 17.3. The court nds that this order, as supplemented by the service plan to be approved at the Status Hearing under Texas Family Code §263.201, sufciently denes the rights and duties of the parents of the child pursuant to Texas Family Code § 153.602 and satises the requirements ofa parenting plan. To the extent there is evidence demonstrating that the child hasbeen exposed to harmJl parental conict, the court orders that the Department address this issue in the Family Plan ofService. Temporary Orders 21-0734—D I 321 Page 7 SMITH County 18. Required Information 18.1. IT IS ORDERED that each Respondent to this cause provide to the Department and the Court, no later than thirty days from the date of this hearing, the information detailed below. 18.2. IT IS ORDERED that each Parent furnish information sufcient to accurately identify that parent’s net resources and ability to pay child support along with copies of income tax returns for the past two years, any nancial statements, bank statements, and current pay stubs, pursuant to § 154.063, Texas FamilyCode. 18.3. IT IS ORDERED that each Respondent provide the Department and the Court information sufcient to establish the parentage and immigration status ofthe child, including but not limited to marriage records, birth or death certicates, baptismal records, social security cards, records of lawful permanent residence (“green cards”), naturalization certicates, and any records from the United States Citizenship and Immigration Services, and records of Indian Ancestry or Tribal Membership. 18.4. IT IS ORDERED that each Respondent provide the Department with any information regarding whether the child or the child's family has Native American heritage and identify any Native American Tribe with which the child may be associated and provide all available family history information relevant to determination of Indian child status on request. 18.5. IT IS ORDERED that each Respondent furnish to the Department all information necessary to ensure the Department has an adequate medical history for the child, including but not limited to the immunization records for the child and the names and addresses of all physicians who have treated the child. 18.6. IT IS ORDERED that each Respondent provide the Department information regarding the medical history of the parent and parent’s ancestors on the medical history report form, pursuant to § 161.2021, Texas Family Code. 18.7. IT =IS ORDERED that each Respondent to this cause provide to the Department and the Courta current residence address and telephone number at which each can be contacted. 18.8. IT IS ORDERED that each Respondent to this cause notify the Department and the Court of any change in his or her residence address or telephone number within ve (5) days of a change of address or telephone number. l9. Duty To Provide Information 19.1. IT IS ORDERED pursuant to § 153.076(a), Texas Family Code that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of signicant information concerning the health, education, and welfare ofthe child. Temporary Orders 21-0734-D I 321 Pages SMITH County 19.2. IT IS ORDERED pursuant to § 153.076(b), Texas Family Code, that each conservator of the child has the duty to inform the other conservator if the conservator resides with for at least 3O days, marries, or intends to marry a person who the conservator knows: 19.2.1. is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or 19.2.2. iscurrently charged with an offense for which on conviction the person would be required to register under that chapter. 19.3. The notice required to be made under § 153.076(b), Texas Family Code, must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10‘“ day after the date the marriage occurs, as appropriate. The notice must include a description of the offense that is the basis ofthe person’s requirement to register as a sex offender or ofthe offense with which the person is charged. 19.4. IT IS ORDERED pursuant to §153.076(b-l), Texas Family Code, that each conservator of CARTER SCHOOLCRAFT has the duty to inform the other conservator of the. child if the conservator: 19.4.1. Establishes a residence with a person who the conservator knows is the subject of a nal protective order sought by an individual other than the conservator that is in effect on the- date the residence with the person is established, pursuant to §153.076(b-l)(1), Texas Family Code; or 19.4.2. Resides with, or allows unsupervised access to a child by, a person who is the subject of.a nal protective order sought by the conservator after the expiration of the 60 day period following the date the nal protective order is issued, pursuant to §153.076(b-1')(2), Texas Family Code; or 19.4.3. Is the subject of a nal protective order issued after the date of the order establishing conservatorship, pursuant to §1-53.076(b-1)(3), Texas Family Code. 19.5. The notice required to be made under §153.076(b-1), Texas Family Code, must be made assoon as practicable but not later than: 19.5.1. The 30th day after the date the conservator establishes residence with the person who is the subject of the nal protective order, if notice is required by §153.076(b-1)(l), Texas Family Code; or 19.5.2. The 90‘“ day after the date the final protective order was issued, if notice is required by §153.076(b-1)(2),=Texas Family Code; or 19. 5. 3. The 30m day after the date the nal protective order was issued, if is notice required by §153. 076(b- l)(3), Texas Family Code. Temporary Orders 21-0734-01321 Page 9 SMITH County 19.6. A CONSERVATOR COMMITs AN OFFENSE 1F THE CONSERVATOR FAILS To PROVIDE NOTICE IN THE MANNER REQUIRED BY SUBSECTIONS (b) AND (c), OR SUBSECTIONS (b—I) AND (c—I), As APPLICABLE, OF § 153.076, Texas Family Code. AN OFFENSE UNDER THIS SUBSECTION (d) 1s A CLASS C MISDEMEANOR. 19.7. "YOU HAVE THE RIGHT UNDER §262.102(d), TEXAS FAMILY CODE, T0 BE REPRESENTED BY AN ATTORNEY. ,IF YOU ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT T0 REQUEST THE APPOINTMENT 0F AN ATTORNEY BY CONTACTING THE COURT AT 321 JUDICIAL DISTRICT COURT OF SMITH COUNTY, 100 N. BROADWAY AVE, TYLER, TEXAS 75702, (903) 590-1601. IF YOU APPEAR IN OPPOSITION TO THE SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY, THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY T0 REPRESENT YOU." 20. Notice of Status Hearing IT IS ORDERED that this cause is set for a Status Hearing, pursuant to § 263 .201 Texas Family Code, on June 3, 2021 at 09. 00 a. m. in the- 321 Judicial District Court of SMITH Countym TYLER, Texas. 21. All said Temporary Orders shall continue in force during the pendency of this suit or until furthei of the Court. SIGNED this 3) orde day of éhm ,2021 JUDGE PRESIDING Temporary Orders 21-07344) I 321 Page 10 SMITH County ATTACHMENT A - TEMPORARY VISITATION 22. Rights and Duties of Temporary Possessory C0nservators 22.1. Each Temporary Possessory Consgrvator appointed in this Order shall have the following rights:- 22.1 . 1.the right to receive information concerning the health, education, and welfare of the child; 221.1.2. the right to access to medical, dental, psychological, and educational records ofthe child; ' 22.1 .3. the right to-consult with a physician, dentist, or psychologist ofthe child; 22.1.4. the right to‘consult-with school ofcials concerning the child’s welfare and educational status, including school activities; 22.1 .5. the right, during times of unsupervised possession, to consent for the child to medical, dental, and surgical treatment during an emergency involving immediate danger to the health and safety of the child; and 22.1.6. the right, during times ofpossession, to direct the moral and religious training of the child. 22.2. Each Temporary Possessory Conservator appointed in this Order shall have the ' following duties: 22.2.1. the duty, during periods of possession of the child which are not supervised by the Department or its designee, of care, control, protection, and reasonable discipline. ofthe child; and 22.2.2. the duty to support the child, including providing the child with clothing, food, and shelter during periods ofpossession of the child which are not supervised by the Department or its designee. 23. Possession of and Access to- the children IT IS ORDERED that each Temporary Possessory Conservator appointed in this Order may have supervised visitation with their respective child(ren), under the terms and conditions agreed to in advanceby the parties, subject to forty-eight (48) hours notication to the Department by the Temporary Possessory Conservator of intent to exercise the visitation. The Department" or its designee shall supervise any period of supervised visitation with the child(ren). - 23.1. Periods of visitation shall be a minimum of one hour weekly or two hours bi- weekly, unless otherwise set by the Court; the parents shall receive a visitation as Temporary Orders: Attachment 21 0734-0 I 321 Page1 SMITH County set forth in the Visitation Schedule that has been led with the Court and incorporated herein 'by reference. 23.2. A Temporary Possessory Conservator entitled to visitation shall notify the Department of his or her inability to attend a scheduled visit twenty-four (24) hours in advance of the visitation; if the inability to attend a scheduled visit involves an emergency, notice shall be provided to the Department as soon as reasonably practical. 23.3. The Department shall personally notify each Temporary Possessory Conservator of any change in the visitation schedule that arises as soon as reasonably practical; any resulting missed visitation shall be made up as soon as possible. 23.4. The parents shall be._permitted to bring friends or family members to share their periods of visitation,'ifsuch individuals are approved by the Department to attend a visit in advance. 23.5. Each Possessory Conservator and/or family member/friend who has been approved to accompany a Possessory Conservator for a visit shall not-be permitted to discuss the case, the child(ren)’s placement arrangements and/or the permanency of the child(ren) with the child(ren) or within the hearing range of any child during a period of visitation. Any proposed change in the visitation terms set forth shall be presented to the Court via an amended visitation schedule. Temporary Orders: Attachment 21-0734-D I 321 Page 2 SMITH County ATTACHMENT B Child Support 24. Child Support Obligation: DESTINY CAMPBELL-MORRIS 24.1. The Court finds that DESTINY CAMPBELL-MORRIS isobligated to support CARTER SCHOOLCRAFT, a child the subject ofthis suit, pursuant to §154.001, Texas Family Code. 24.2. Monthly Payments 24.2.1. IT IS ORDERED that DESTINY CAMPBELL-MORRIS is obligated to pay and shall pay child support to the Department of $1 99.41 per month for the support of CARTER SCHOOLCRAFT, with the rst payment being due and payable on the 15‘ day of July, 2021 and a like payment being'due and payable on the day 1-5‘ of each month thereafter until the rst month following the date of the earliest occurrence of o'ne of the events specied below: 24.2.1.1. the child reaches the age of eighteen years, provided that, if the child is fully enrolled in an accredited secondary school in a